Law, Justice, and Society A Sociolegal Introduction

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An accessible and lively introduction to the field, Law, Justice, and Society: A Sociolegal Introduction explores the relationship between legal systems and other social institutions using a distinctive sociological point of view.

Authors Anthony Walsh and Craig Hemmens provide detailed discussions of the various ways in which law impacts people based on race, class, gender, and age while also introducing students to the origins of the law, the history and development of the American legal system, the sociology of law, court structure, and the difference between civil and criminal law.

**Each Chapter begins with an Introduction and ends with a Summary, Discussion Questions, References, and Cases Cited.**1. LAW: ITS FUNCTION AND PURPOSE What Is Law?The Six Primary Characteristics of Culture and Their Relationship to Law 1. Beliefs 2. Values 3. Norms 4. Symbols 5. Technology 6. LanguageThe Code of HammurabiEarly Thinkers about Law- Plato- Aristotle- Thomas Hobbes- John Locke- John RawlsSociological Perspectives of Law- Max Weber- Émile DurkheimTwo Opposing Perspectives: Consensus and Conflict- The Consensus Perspective- The Conflict Perspective2. JUSTICE AND THE LAW What Is Justice?- Distributive Justice- Retributive JusticeProblems with Aristotle's Definition of JusticeLegal RealismWhere Does Justice Come From? Two Perspectives of Law and Justice as Natural- The Transcendental Natural Law Perspective- The Evolutionary PerspectiveWhat Is the Relationship of Law to Justice?- EquityGarofalo and Natural CrimeThe Rule of LawJustice Evolving: Cesare Beccaria and ReformJustice, the Law, and Packer's Models of Criminal Justice- The Crime Control Model- The Due Process Model- An Illustration of the Models in Action3. MAKING LAW Common LawPrecedent and Stare DecisisSources of LawSources of Individual RightsThe ConstitutionThe Bill of Rights- First Amendment- Second Amendment- Third Amendment- Fourth Amendment- Fifth Amendment- Sixth Amendment- Seventh Amendment- Eighth Amendment- Ninth Amendment- Tenth Amendment- Other Amendments- Thirteenth Amendment- Fourteenth Amendment- Standard of Review- Incorporation of the Bill of Rights in the Fourteenth AmendmentJudicial Review- Marbury v. MadisonThe Process of Amending the Constitution4. FEDERAL AND STATE COURTS JurisdictionThe Federal Courts- District Courts- Courts of Appeals- Supreme CourtThe State CourtsOverview of the Criminal Process- Pretrial ProceedingsThe Jury and Its Selection- Jury Selection- The Trial- Sentencing- AppealsCourt Actors- Judges- Prosecutors- Defense Attorneys5. CRIME AND CRIMINAL LAW What Is Crime?Sources of Criminal LawLimitations on Criminal LawElements of Criminal Liability- Common Elements of Criminal OffensesLiability Without FaultInchoate Crimes- Attempt- Solicitation- Conspiracy- Parties to CrimeDefenses to Criminal Liability- Justification Defenses- Excuse DefensesProcedural Defenses: EntrapmentCrimes Against the Person- Murder- Forcible Rape- Aggravated Assault- RobberyCrimes Against Property- Arson- Burglary- Larceny/TheftCrimes Against Public Order and Morality6. CRIMINAL PROCEDURE Purpose of Criminal Procedure LawSources of Criminal Procedure LawSearch and Seizure Law and the Fourth Amendment- The Warrant and Reasonableness Clauses- Probable CauseArrest- When an Officer May Arrest- Manner of Arrest- Types of SeizuresSearches- Reasonable Expectation of Privacy- Exceptions to the Search Warrant RequirementRight to the Assistance of CounselRight to Counsel During Interrogations and Pretrial Identification Procedures- Custody- Interrogation- Circumstances in Which Miranda Is Not Required- Extension and Application of the Miranda Warnings- Pretrial Identification ProceduresThe Confrontation of Witnesses ClauseThe Right to Compulsory Process ClauseThe Exclusionary RuleAdvancing Toward the Exclusionary Rule- Curtailing the Exclusionary Rule7. CIVIL AND ADMINISTRATIVE LAW Differentiating Criminal and Civil LawTort Law- Tort Categories- Defenses to Liability- Tort ReformProperty Law- Interests in Real Property- Interests in Personal PropertyContract LawElements of a Valid Contract Family Law- Who May Marry Whom?- The Supreme Court and the Right to Marry- Common Law Marriage- Divorce and Annulment- Dividing Property, Child Custody, and Spousal SupportAdministrative and Regulatory Law- Origins and Growth of Administrative Agencies- Legislative Function of Administrative Agencies- Investigatory and Enforcement Function of Administrative Agencies- Judicial Function of Administrative Agencies- Environmental Justice- Administrative Law and Corporate Crime- Recent Responses to Corporate Crime8. JUVENILE JUSTICE What Is Juvenile Delinquency?The Extent of DelinquencyDevelopmental Factors and Juvenile DelinquencyHistory and Philosophy of Juvenile Justice- Institutional Control- Childhood in the United States- The Child Savers- The Beginning of the Juvenile CourtsJuvenile Waiver to Criminal CourtExtending Due Process to JuvenilesKent v. United StatesIn Re GaultIn Re WinshipMcKeiver v. PennsylvaniaBreed v. JonesSchall v. MartinThe Juvenile Death PenaltyEroding the Distinction Between Adult and Juvenile Court SystemsRestorative Justice9. THE LAW AND SOCIAL CONTROL What Is Social Control?A Typology of Social ControlThe Law as a Social Control Mechanism- Punishment and Deterrence- Other Philosophies of Punishment- Black's Styles of Social ControlSocial Control and the Criminal Justice SystemIs the United States Soft on Crime?Plea Bargaining- The Death Penalty Debate- Arguments Against the Death PenaltyArguments Favoring the Death PenaltyThe Law and Social Control of Political DissentTherapeutic Social Control: Law and Psychiatry"No Taxation Without Representation!": A Case of Judicial Social Control10. THE LIMITS OF SOCIAL CONTROL What Is a Vice Crime?Homosexuality and SodomyProstitution and Commercialized Vice- Should Prostitution Be Decriminalized/Legalized?Pornography/ObscenityAbortionAlcohol and Illicit Drugs- Taming the Beast in the Bottle- Illicit Drugs11. THE LAW AND SOCIAL CHANGE What Is Social Change?The Law as a Cause of Social ChangeSocial Movements, the Law, and Social ChangeBritish Law and the American RevolutionLaw and Social Engineering in the Former Soviet Union- Law and the Destruction and Reconstruction of the Soviet FamilyThe United States Supreme Court and Social Change- Dynamic and Constrained Views of the Supreme Court's Power- The Legitimacy Basis of the Court's Power- Strict ConstructionismThe Supreme Court's Role in Maintaining the Status Quo- The Fourteenth Amendment and Business InterestsThe Supreme Court's Role in Inducing Social Change- Bringing the Country Together Through Case Law- The Activism of the Warren and Burger Courts12. WOMEN AND THE LAW (by Mary K. Stohr) Feminist Legal TheoryWomen and Law in History: The Birth of Misogyny and Other TriumphsThe Relative Value of Citizens: The Struggle for Women's SuffrageWoman as Human and PersonRape and Other Misogynous AtrocitiesWomen's Work and Other Legal MattersThe UNCEFDW and the Equal Rights AmendmentWomen's Representation in the Legal ProfessionThe Bias StudiesLaw, Equality, and JusticeBuilding Understanding13. RACIAL MINORITIES AND THE LAW African Americans- Slavery and the Law- The Amistad Case- The Dred Scott Case- Emancipation and the Reconstruction Period- The Emergence of Jim Crow Laws- Segregation, Disenfranchisement, and the Plessy and Williams Cases- Lynching and Black Protest- "We Shall Overcome"- Congressional Activity- The Cold War and International Pressure- How Far Have We Come?American Indians- The Early Years- The Marshall Trilogy: Defining Indian Status- The Period of Removal and Physical Genocide- The Assimilation Period and Cultural Genocide- The Beginning of the End of Cultural Genocide (With a Few Backward Steps)- How Far Have We Come?Asian Americans- Asian Americans TodayRace, Law, and ConflictIs Today's Criminal Justice System Racist?14. COMPARATIVE LAW: LAW IN OTHER CULTURES Law in Preliterate Bands and TribesLaw in the Modern World: The Four Traditions- Common Law- Civil Law- Socialist Law- Islamic LawThe Four Traditions and the Rule of LawThe Convergence of SystemsAPPENDIX A: Constitution of the United States of America APPENDIX B: Student-Friendly Legal Web Sites GLOSSARY TABLE OF CASES INDEX